Terms & Conditions
Terms and Conditions of Business (AGB)
"Carpe Diem Records" is a trademark of
Niederstadt & Wallbrecher Musikproduktion GbR
Landsberger Str. 25
Managing Directors: Jonas Niederstadt, Johannes Wallbrecher
§ 1 General
(1) These General Terms of Business of Niederstadt & Wallbrecher GbR regulate the details of purchases on the website www.carpediemrecords.com.
(2) The seller delivers on basis of these terms in the version valid at the time the order is placed. Any other terms and conditions shall only become part of the contract if the Seller has confirmed its consent.
§ 2 Contract
(1) A purchase contract between seller and buyer is closed when the buyer offers to purchase products by completing the ordering steps and the seller confirms the purchase by sending an email to the address given in the order form.
The ordering process for contract conclusion comprises the following steps:
• Selection of the desired offer / adding it to the basket
• Verification and validation of the basket.
• Entering the billing and delivery address
• Choice of payment method
• Payment confirmation
• Confirmation email that your order has been received. With the receipt of the order confirmation the contract is closed.
(2) The seller can cancel the purchase contract if the ordered merchandise is unavailable or if the order was based on writing errors, printing errors or calculation errors on the website www.carpediemrecords.com.
§ 3 Prices, Shipping and Handling Charge
(1) All prices quoted on the website are given in Euros and include value added tax if legally applicable, but are exclusive of handling and shipping expenses. If the place of delivery is outside the EU additional customs duties and other local taxes or import duties or taxes may be payable. These duties and taxes are not the responsibility of the seller and have to be borne by the buyer.
(2) The buyer bears the shipping and handling fees as stated during the order process.
§ 4 Delivery
(1) Products will be delivered only to the address as given in the original order form and cannot be changed thereafter.
(2) All orders are dispatched within 3 working days by the sellers preferred choice of carrier for your specific order. This may be Deutsche Post or DHL.
(3) The speed of carrier’s service cannot be guaranteed by the seller. Please allow up to 5 working days for deliveries within Germany, 14 working days to Western Europe and up to 21 working days for the Rest Of The World before reporting goods as not received.
§ 5 Ownership
The seller remains legally the owner of the merchandise until the buyer has paid in full (§ 449 BGB).
§ 6 Payment
The merchandise shall be paid by credit card (Visa, MasterCard, American Express), Paypal or Klarna Payment. Payments will be processed by our Payment Service Provider Shopify Payments. If the payment is done by credit card, the customer must be the cardholder. A lien can only be exercised if the claims result from the same contract.
Setting off claims of the buyer is excluded, unless these are undisputed or legally binding.
§ 7 Buyer’s Right of withdrawal
(1) If the buyer is a consumer in the sense of § 13 BGB he can cancel his order within 14 days without giving any further reason i.e. by letter, fax or email or by returning the merchandise.
(2) If the buyer is not a consumer in the sense of § 13 BGB, he is entitled to no right to cancel.
(3) The period of 14 days starts on the day the buyer or a third party, other than the carrier and indicated by the buyer, acquires physical possession of the goods.
(4) The received benefits on both sides have to be reimbursed. If the merchandise has already been dispatched, the buyer is obliged to return the merchandise. The buyer will have to bear the direct cost of returning the goods. We will carry out such reimbursement using the same means of payment as used for the initial transaction, unless it is expressly agreed otherwise. We may withhold reimbursement until we have received the goods back or the buyer has supplied evidence of having sent back the goods
(5) The right to cancel an order is void if sealed or shrink wrapped merchandise has been opened.
(6) In case of an order cancellation the seller may claim a charge for the use if the merchandise was obviously returned in a used state.
(7) A cancellation must be directed to:
Niederstadt & Wallbrecher Musikproduktion GbR
Landsberger Str. 25
§ 8 Warranty and liability
(1) If the delivered merchandise is defective the seller grants warranty according to legal warranty regulations.
(2) The seller is not liable for damages that are beyond the delivered merchandise.
(3) Warranty claims are limited by the value of the merchandise itself.
§ 9 Data Protection
Personal data given by the buyer e.g. while ordering or via e-mail (e.g. name, address and contact information) will be processed only for correspondence and only for the purpose for which the data were provided by the buyer. We pass information to the carrier only as far as it is necessary to deliver the goods. Payment information are passed to the processing credit institute. We assure you that we will not pass personal data to third parties, moreover, unless we are legally obliged or the buyer has previously expressly consented. If we take for the implementation and execution of manufacturing processes services of third parties, the provisions of the Federal Data Protection Act are complied with. Personal data which have been communicated to us through our website will only be stored until the purpose is fulfilled, for which they were entrusted to us. As far as trade and tax retention periods are observed, the duration of the storage of certain data may be up to 10 years.
§ 10 Place of Fulfillment, Court, Applicable Law
(1) Legal place of fulfillment for all obligations of the contract between seller and buyer and exclusive place of jurisdiction is the sellers place of business, to the extent that the buyer is not a consumer, but a merchant, legal entity under public law or special public fund.
(2) The laws of the Federal Republic of Germany are exclusively applicable. For consumers, this only applies insofar as no legal provisions of the country in which the customer has his domicile or habitual residence are restricted.
§ 11 Severability Clause
If any part of these General Terms of Business should become invalid, this shall not affect the validity of the contract and the other parts of the General Terms of Business. The invalid part shall be replaced by the applicable legal regulation.